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Congressional Research Service Report: “Prosecutorial Discretion in Immigration Enforcement: Legal Issues”

English: Seal of the United States Department ...

Seal of the United States Department of Homeland Security. (Photo Credit: Wikipedia)

The latest CRS Report offers valuable information on Prosecutorial Discretion, and provides insight into how such Discretion will fit in with the different Comprehensive Immigration Reform plans currently being discussed in Washington.  An extract follows: Read More…

St. Louis landscaping business and owner sentenced for employing illegal aliens and visa fraud


ST. LOUIS – A local man and his company were sentenced Thursday in federal court to forfeitures and probation following their visa fraud guilty pleas. The sentences resulted from an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and the U.S. Department of Labor’s Office of Inspector General.

Robert Brake, 33, of Byrnes Mill, Mo., along with his company, Brake Landscaping & Lawncare Inc., pleaded guilty in June to misdemeanor charges of employing illegal aliens. Brake Landscaping & Lawncare Inc. is located in the 3500 block of Gratiot Street in St. Louis. The company pleaded guilty to one felony count of conspiracy to commit visa fraud. Brake and his company were sentenced to two years of probation. The company paid $145,000 in forfeitures.

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11th U.S. Circuit Court of Appeals opens door for State Law Enforcement to check immigration status of suspects in Alabama, Georgia

The Associated Press reports that while certain provisions within Alabama and Georgia’s state enforcement laws have been rejected by the 11th U.S. Circuit Court of Appeals, law enforcement officers in Georgia may in fact check the immigration status of criminal suspects who do not hold acceptable identification documents.  Similarly, law enforcement officers in Alabama may check the immigration status of suspects, but the Court ruled that public schools may not verify the immigration status of students.

“The court today rejected many parts of Alabama and Georgia’s anti-immigrant laws, including attempts to criminalize everyday interactions with undocumented immigrants and Alabama’s callous attempt to deprive some children of their constitutional right to education,” [American Civil Liberties Union lawyer Omar Jadwat] said in a statement. “The court explicitly left the door open to further challenges against the `show me your papers’ provision, which we will continue to fight.”

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Jacksonville, FL – Immigration lawyer Ashwin Sharma welcomed the Administration’s recent announcement that younger immigrants may be eligible for “Deferred Action” and work authorization. The policy will grant qualified immigrants the opportunity to live free from fear of deportation and allow them to work legally. This is an exciting new development which brings hope to immigrants and their families. It is not, however, a permanent fix and does not grant permanent legal status to anyone.

To qualify, an individual must:

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Frequently Asked Questions about ICE Policy Directive Number 11061.1, Facilitating the Return to the United States of Certain Lawfully Removed Aliens


I was ordered removed, and am scheduled to be removed soon. How will this affect my appeal of
my case, which is pending before the U.S. circuit court of appeals?

As explained in ICE Policy Directive Number 11061.1,
Facilitating the Return to the United States of Certain Lawfully Removed
Aliens, an alien who appeals his or her final order of removal to a federal
circuit court of appeals may continue to litigate his or her case after being
removed from the United States. Your removal will not affect your
right to continue to pursue your case before the court. Although you may be
abroad for the pendency of your case, the court of appeals that is currently
reviewing your petition for review will nevertheless be able to review and make
a decision on your case while you are not in the United States. In order to ensure
that you receive notice of the decision entered by the court in your case, you
should follow the court’s procedures for providing updated address and contact

Read More…

Georgia Legislature passes HB 87

On 4/14/11, the Georgia Legislature passed HB 87, an immigration enforcement bill that 

1. allows police to perform immigration status checks of criminal suspects
2. requires businesses to utilize E-Verify, and 
3. imposes harsh sentences for any individual using false documentation to obtain employment.

ICE and CBP officials return artifacts to the People’s Republic of China

WASHINGTON – U.S. Immigration and Customs Enforcement (ICE) Deputy Director Kumar Kibble and U.S. Customs and Border Protection (CBP) Deputy Commissioner David V. Aguilar repatriated a number of ancient Chinese artifacts seized as a result of operations by ICE’s Homeland Security Investigations (HSI) and CBP offices in New York and Anchorage and ICE HSI in Albuquerque.

Most of the objects being repatriated today were part of Operation Great Wall, an initiative targeting illicit importations originating from the People’s Republic of China. Following the signing of a bi-lateral agreement between the United States and the People’s Republic of China in 2009, both countries have been working together closely to prevent the illicit trafficking of archaeological objects.

“The items we are returning to the People’s Republic of China today are delicate, but tangible, ancient works of art that are an important part of China’s heritage,” said Kibble. “While seizing, forfeiting and repatriating these treasures is indeed reason for celebration, our long-term goal is to reduce the incentive for further destruction of ancient tombs and temples, where so many of these objects are dug up or chiseled off and pilfered.”

“CBP is pleased to help return these precious antiquities of Chinese cultural history to the citizens of the People’s Republic of China,” said Aguilar. “CBP remains committed to working alongside our ICE HSI partners to intercept and repatriate priceless artifacts.”

The artifacts being returned include:

  • 2 Northern Wei Dynasty terracotta horses – A.D. 386-535
  • Northern Qi Dynasty limestone Buddha – A.D. 550-577
  • 7 Sui Dynasty Pottery Horses with Riders – A.D. 581-618
  • Tang Dynasty Horse Sculpture – A.D. 618-907
  • Song Dynasty Bodhisattva head – A.D. 960-1279
  • Ming Dynasty Stone Frieze – A.D. 1368-1644
  • Qing Dynasty Ceramic Vase – A.D. 1616-1840

These pottery sculptures of horses and riders from the Sui and Tang Dynasties were likely buried in tombs. Having a horse was a sign of wealth, and only those of a certain rank were allowed to use them. The tombs these likely came from were therefore those of aristocrats.

While the Northern Qi Dynasty is usually considered a period of political unrest, it is known to art historians as a time when the arts flourished through interaction between Chinese and non-Chinese artisans. This particular sculpture may belong to some now-destroyed temple.

ICE HSI plays a leading role in investigating crimes involving the illicit importation and distribution of cultural property. ICE HSI uses its investigative authority to seize cultural property items if they were illegally imported into the United States. It also investigates the illegal trafficking of artwork, especially works that have been reported lost or stolen. ICE’s Office of International Affairs, through its 67 attaché offices worldwide, works closely with foreign governments to conduct joint investigations, when possible.

CBP is the nation’s lead border security agency and is charged with enforcing hundreds of laws at and between our nation’s 327 international ports of entry. As part of that mission, CBP enforces bi-lateral agreements and import restrictions on certain foreign cultural property and archaeological materials. CBP works closely with ICE and other federal, state and local law enforcement agencies to prevent the illegal trade and trafficking of cultural antiquities. CBP partners with ICE to ensure that illegally traded and trafficked antiquities are returned to their rightful owners.

ICE HSI agents undergo special training sessions funded by the State Department and held at the Smithsonian museums and research facilities before they begin working cultural property cases. Smithsonian staff provided behind-the-scenes introduction to objects from regions that are at greatest risk of looting and trafficking, as well as practical skills training in handling, photographing, recording and packing objects.

More than 2,300 artifacts have been returned to 18 countries since 2007 including paintings from France, Germany and Austria, an 18th century manuscript from Italy, and a bookmark belonging to Hitler as well as cultural artifacts from Iraq including Babylonian, Sumerian, and neo-Assyrian items.

Agencies involved in the seizure and investigation of the items being repatriated today include ICE HSI and CBP in New York and Anchorage and U.S. Fish and Wildlife in Albuquerque.

ICE Notice to Former F-1 Students of Tri-Valley University


Attention Former Tri-Valley University Students

If you were formerly enrolled as an F-1 student at TVU and have been terminated in SEVIS, please note the following.

SEVP terminated the records of all F-1 students enrolled at TVU as of Jan. 18, 2011. You should call SEVP Response Center (SRC) at 703-603-3400. This number is currently staffed from 7 a.m. to 6 p.m. (EST), seven days a week. Beginning Friday, Feb. 18, 2011, this number will be staffed Monday through Friday from 8:30 a.m. to 5 p.m. (EST). At other times, you may leave a telephone number at which SEVP will return your call the next day.

Please be prepared to provide the follow information to the SEVP staff when you call:

  • First and last name
  • Address
  • Telephone number where you can be reached
  • E-mail address
  • Dates of attendance at TVU
  • Level and Major of study at TVU

When you call, SEVP will provide you with your options including the option to depart from the United States without an otherwise possibly applicable bar to re-admission in the future.

U.S. Customs and Border Protection – Travel Information for International Visitors

For International Visitors Sign up for e-Gov Delivery for For International Visitors  get RSS feed for For International Visitors
plane traveling to U.S.

Information for visitors to the United States who are coming to work, study, conduct business or to immigrate.

Admission into United States
– 06/22/2009

Frequently asked questions about the admission process for entering into the United States.
arrow Air Travelfeatured see also
If you are traveling by plane to Mexico or Canada, please keep in mind that all travelers, including U.S. and Canadian citizens, are required to have a passport or other accepted form of documentation to enter or depart the United States.
Automatic Revalidation: Valid I-94, Expired Non-Immigrant Visa
– 05/11/2009

Nationals of Iran, Syria, Sudan and Cuba are not eligible for automatic revalidation of expired visas.
Automatic Revalidation: Valid I-94, Expired Non-Immigrant Visa - pdf versionpdf – 23 KB.
Bringing Food into the U.S.
– 03/21/2008
arrow Useful Information for Canadian and Mexican Travelers
Six Month Club Updatefeatured see also
– 03/10/2009

For Accessibility Information:
Six Month Club Update - pdf versionpdf – 52 KB.
arrow Clearing CBPfeatured see also
arrow Electronic System for Travel Authorization
Form I-192, Application for Advance Permission to Enter as a Non-Immigrant and Inadmissible Canadian Information
– 12/07/2009
Procedures, forms, and basic requirements immigrants need to enter the United States.
Issuance of a Visa and Authorization for Temporary Admission into the United States for Certain Non-Immigrant Aliens Infected with HIV Final Rule
– 10/06/2008
arrow I-94 and I-94W
– 06/15/2009
I-192, Application for Advance Permission to Enter as Nonimmigrantfeatured see also (offsite link)
arrow Lawful Permanent Residents (LPR)
arrow NSEERS
arrow Temporary Residents for Work or Study
Transiting the U.S. – TWOV and ITI Programs
– 10/02/2007
arrow Visa Waiver Programfeatured see also
arrow Visiting for Business or Pleasure

Global Entry Program

Global Entry is a pilot program managed by U.S. Customs and Border Protection which allows pre-approved, low-risk travelers expedited clearance upon arrival into the United States. Although this program is intended for “frequent travelers” who make several international trips per year, there is no minimum number of trips an applicant must make in order to qualify. Participants may enter the United States by utilizing automated kiosks located, at the following airports:

  • Boston-Logan International Airport (BOS)
  • Chicago O’Hare International Airport (ORD)
  • Dallas/Ft. Worth International Airport (DFW)
  • Detroit Metropolitan Airport (DTW)
  • Ft. Lauderdale Hollywood International Airport (FLL)
  • George Bush Intercontinental Airport, Houston (IAH)
  • Hartsfield-Jackson Atlanta International Airport (ATL)
  • Honolulu International Airport (HNL)
  • John F. Kennedy International Airport (JFK)
  • McCarran International Airport, Las Vegas (LAS)
  • Los Angeles International Airport (LAX)
  • Miami International Airport (MIA)
  • Newark Liberty International Airport (EWR)
  • Orlando International Airport (MCO)
  • Philadelphia International Airport (PHL)
  • San Francisco International Airport (SFO)
  • San Juan-Luis Múñoz Marin International Airport (SJU)
  • Orlando-Sanford International Airport (SFB)
  • Seattle-Tacoma International Airport-SeaTac (SEA)
  • Washington-Dulles International Airport (IAD)

The process requires participants to present their machine-readable U.S. passport or permanent resident card, submit their fingerprints for biometric verification, and make a customs declaration at the kiosk’s touch-screen. Upon successful completion of the Global Entry process at the kiosk, the traveler is issued a transaction receipt and directed to baggage claim and the exit, unless chosen for a selective or random secondary referral.

Travelers must be pre-approved before they can participate in the pilot program. All applicants will undergo a rigorous background check and be interviewed by a CBP officer before they are enrolled. Automated enforcement checks will occur each time the member uses the kiosk to enter the United States. Although pre-approved for the program and determined to be low risk, members of Global Entry may be examined at any time when entering the United States.

Members entering the United States must complete the declaration questions prompted by the kiosk. If bringing items that must be declared, after completion of the kiosk transaction, the member will be directed to see a CBP officer.

Global Entry has a zero tolerance policy for violations. If a Global Entry member violates any of the terms and conditions, CBP officers will take appropriate enforcement action and will cancel the person’s membership privileges. The application fee is non-refundable.

What Are the Benefits of Global Entry?
The benefits are:

  • Bypass the traditional passport control line.
  • No more filling out a paper customs declaration form.
  • Expedited exit process.
  • Mutual benefits with other countries.
  • Conveniently located at airports throughout the country.
  • Cross the border with a minimum of customs and immigration questioning.
  • Although this program is intended for frequent travelers, there is no minimum number of trips that must be completed.

Global Entry allows applicants to complete a single application and pay one fee. This form can be submitted online via the Global Online Enrollment System (GOES. Qualified applicants are required to come to a Global Entry Enrollment Center, for an interview). Global Entry allows United States border agencies to concentrate their efforts on potentially higher-risk travelers and goods, which helps to ensure the security and integrity of our borders.

Who May Apply for Global Entry?

  • Individuals who are 14 years of age and older who are U.S. citizens, U.S. nationals, U.S. Lawful Permanent Residents, or citizens of certain other countries.

*Note: If enrolled parents are traveling with children under 14 and clearing as a family, they may not use the kiosk and must clear using the regular passport control process.

However, individuals may not qualify if they:

  • Are inadmissible to the United States under applicable immigration laws;
  • Provide false or incomplete information on their application;
  • Have been convicted of a criminal offense in any country;
  • Have been found in violation of customs or immigration laws; or
  • Fail to meet other Global Entry requirements.

If an individual does not meet the requirements of Global Entry, their application will be denied.

Applications must be completed and submitted online through the Global Online Enrollment System (GOES). 
GOES ) A non-refundable $100 fee will be collected before the submission of the application. If an applicant is denied participation, he/she will not receive a refund of the $100. NEXUS and SENTRI members may activate membership in Global Entry at no additional fee.

Applicants who are not accepted into the Global Entry pilot have three channels for forwarding their inquiries: a) directly with the enrollment center; b) DHS Travelers Redress Inquiry Program (DHS TRIP); and c) the CBP Trusted Traveler Ombudsman. Please see the DHS Traveler Redress Inquiry Program page for more information on how to seek redress. (DHS Traveler Redress Inquiry Program )

Consistent with privacy law and national security considerations, DHS and CBP may not reveal the specific reason for an applicant’s denial in either the initial notification or the redress process depending on the circumstances of a particular case.

Global Entry Program   get RSS feed for Global Entry Program
Global Entry Kiosks
Your Ticket to Get Out of Line…
Global Entry is your express pass to process through the United States’ international arrival areas. Automated kiosks are designed to process pre-approved, low-risk international travelers who qualify.

Video: Global Entry Public Service Announcementfeatured see also
– 11/20/2009

wmv file: 4,864 KB
Global Entry: Step by Step Online Application Instructions
– 08/20/2008

Please print prior to logging onto GOES

For Accessibility Information:
Global Entry: Step by Step Online Application Instructions - pdf versionpdf – 3,086 KB.
Global Entry Enrollment Center and Kiosk Locations
– 11/09/2009
Global Entry with Expedited Entry into the Netherlands
– 05/05/2009

Current U.S. Citizen Global Entry members can qualify for participation in Privium, the Netherlands’ trusted traveler program.
Global Entry Program Overview
– 11/04/2009
Apply Online for Global Entryfeatured see also (offsite link)
NEXUS and SENTRI Members that are US Citizens or US Lawful Permanent Residents May Utilize the Global Entry Kiosks
– 11/09/2009
Instructions to Use Kiosk
– 08/10/2009

For Accessibility Information:
Instructions to Use Kiosk - pdf versionpdf – 183 KB.
arrow Download Ads for Global Entry
Global Entry Information
– 11/20/2009

Printed materials available for download

ICE Updates List of SEVP Approved Schools (Updated 6/30/09)

<a href="/files/4941-4844/ApprovedSchools2.pdf”>ICE Updates List of SEVP Approved Schools (Updated 6/30/09)

Owner of Mandarin restaurant to be deported after jail


“The co-owner of a popular Jacksonville restaurant received a three-month sentence Monday for harboring illegal aliens and faces certain deportation to his native India.

Sanjit Kumar Rajak, who was head chef and manager of Cilantro Indian Cuisine in Mandarin, will complete his prison sentence in about a week because he has been behind bars since his January arrest. He agreed to a $5,000 fine.

His lawyer, Shawn Arnold, said he expects deportation proceedings to begin immediately, a bitter end for a successful businessman who lived a rags-to-riches story. Arnold said Rajak won’t be allowed to re-enter the United States for five to 10 years.

Rajak admitted hiring four illegal workers and leasing their Sunbeam Road apartment. He has no other criminal record.”

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